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The act of grace having been made upon the application of the royal burghs, who were burdened with the entertainment of poor prisoners, the words being That in case the creditor declined to aliment the prisoner, it should be leisum to the magistrates to liberate him, which is neither command nor injunction, but merely permissive and discretionary; therefore, the Lords thought the magistrates might renounce the privilege of this act of Parliament introduced in their favour, and that it was a discretionary power, which they might use or not as they pleased. (See No 120. p. 11805). When a debtor has been imprisoned by a factor, the creditor himself being out of the country, it is sufficient to intimate to the factor that application has been made for the benefit of the act of grace.—Magistrates may require the prisoner, before liberation, to grant a disposition omnium bonorum, or not, as they please.
Fol. Dic. v. 2. p. 173. Fountainhall.
*** This case is No 181. p. 7460. voce Jurisdiction.
